Evictions in South Africa: What Landlords and Tenants Need to Know
Evicting a tenant or occupier in South Africa is a highly regulated process governed by the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act). Landlords cannot take the law into their own hands. Let’s unpack the legal steps for a lawful eviction, the rights of unlawful occupiers, and why legal […]
Municipal Liability and Trip Hazards: Schaefer v City of Cape Town
The Western Cape High Court’s decision in Schaefer v City of Cape Town [2025] ZAWCHC 46 reaffirms the limits of municipal liability in slip-and-trip cases. The judgment examined wrongfulness, negligence, contributory negligence, and policy considerations, ultimately dismissing a damages claim brought after the plaintiff tripped on a raised paving brick. The court held that the […]
Airbnb and Sectional Title Regulations
Navigating the rules and regulations for short-term letting. With short-term letting and (more specifically) Airbnbs ramping up in South Africa, disgruntled owners and tenants are voicing their concerns when it comes to short-term letting properties contained in complexes, estates, and apartment blocks. While freehold property owners can act freely, sectional title property owners are bound […]
The Legal Recognition of Electronic Communications and Signatures under the ECTA
As digital technologies continue to evolve and integrate into everyday life, the application of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) has become increasingly significant in both the public and private sectors. The Act plays a pivotal role in shaping the legal framework for electronic communications and e-commerce in South Africa. The […]
When Is a Trust Not a Trust?
When can the provisions of a trust deed be set aside? When you don’t stick to the rules. Far too many people pay their accountant or attorney a visit, draw up a boilerplate trust deed, sign on the dotted line, and think that this piece of paper will take away all their tax and estate […]
Divorce and Immovable Property: Understanding the Section 45bis(1)(a) Endorsement Application
When a person married in community of property is awarded their former spouse’s share in jointly owned property following a divorce, they can apply to the registrar of deeds for an endorsement of the title deed. This endorsement records that the applicant is now the sole owner of the property and can deal with it […]
A Closer Look at Maintenance Court Procedures in South Africa
Divorce and maintenance claims are often emotionally charged and legally complex processes. In South Africa, the maintenance court, established under the Maintenance Act 99 of 1998, plays an important role in ensuring that dependents, particularly children, are financially supported after a divorce or separation. The maintenance court is a specialised court established under Section 3 […]
Mediation vs Arbitration: What Is the Difference? PART 2
As mentioned in Part I of this series, a common trend in many commercial contracts is the inclusion of an arbitration clause. This type of clause is often accompanied by a mediation clause which requires the parties to try and settle the matter through mediation. The arbitration clause usually only becomes relevant when a full […]
Sale of Immovable Property from a Deceased Estate
When an executor has been appointed by the Master through the issuance of Letters of Executorship, their primary duty is to finalise the administration of the estate as soon as possible. This includes taking control of the deceased estate assets, selling them if necessary to pay all estate liabilities, administration costs and estate duty (if […]
PART 1: Advocates vs. Attorneys – What Is the Difference?
When faced with a legal issue or dispute many individuals want to know and understand the difference between an attorney and an advocate. This curiosity is understandable as it may seem like they do the same work. While there are some similarities between these legal practitioners there are also substantial differences. This article will discuss […]